Search And Surveillance

Question 1

What is the definition of arms?

Answer 1

Any firearm, air gun, pistol, restricted weapon, imitation firearm, or explosive.

Question 2

What is the definition of curtilage?

Answer 2

The land immediately surrounding a house or dwelling

Question 3

What is the definition of evidential material?

Answer 3

In relation to an offence, evidence of any item tangible or intangible, of relevance to the investigation of the offence

Question 4

Definition of non private premises?

Answer 4

Premises or part of a premise where members of the public have access

Question 5

Definition of private activity

Answer 5

Any activity that in the circumstances can reasonably expect not to be observed

Question 6

Definition of a surveillance device?

Answer 6

An interception device

A tracking device

A visual surveillance device

Question 7

Definition of trespass surveillance?

Answer 7

Surveillance that involves trespass to land or trespass to goods

Question 8

Definition of unlawfully at large?

Answer 8

Has a warrant in force

Has escaped from prison or is AWOL

has escaped from lawful custody

Question 9

Definition of a visual surveillance device?

Answer 9

An instrument or device that is used or capable of being used to observe and record private activity

Question 10

What are the four warrantless powers to enter and search when effecting arrest?

Answer 10

s7 entry to arrest someone unlawfully at large

s8 entry to avoid loss of offender or evidential material

s9 stopping a vehicle to find persons unlawfully at large who have committed imprisonable offences

s10 powers and duties of constable after the stop

Question 11

s7?

Answer 11

Entry into place or vehicle without warrant to arrest someone unlawfully at large

RGTS they are unlawfully at large
RGTB that person is there

Power to enter and search

Question 12

s8?

Answer 12

Power to enter a place or vehicle to search for and arrest a person person who committed offence

RGTS they committed an imprisonable offence
RGTB they are in there and that if entry is not affected immediately the person will avoid arrest or CADD may occur.

Question 13

s9?

Answer 13

Stopping a vehicle to find person unlawfully at large or who have committed an imprisonable offence

RGTS person is unlawfully at large or have committed an offence punishable by imprisonments

RGTB person is in the vehicle

Question 14

s10

Answer 14

Powers and duties of Constable after a vehicle has been stopped under s9

Require details of any person who RGTS has committed an imprisonable offence or is unlawfully at large

Search vehicle to locate person

Search vehicle for evidential material of the person is arrested or flees prior to arrest

Question 15

What are the three warrantless powers for evidential material relating to serious offences?

Answer 15

s15 entry without warrant to find and avoid loss of evidential material

s16 searching people in a public place for evidential material relating to certain offences

s17 entry and search of vehicle for evidential material relating to certain offences

Question 16

s15

Answer 16

Enter and search a place if

RGTS an offence punishable by 14yr has been committed

RGTB evidential material relating to the offence is in there and if entry is delayed CADD will occur

Question 17

s16

Answer 17

Search a person in a public place for evidential material relating to certain offences

RGTB person is in possession of evidential material relating to offences punishable by 14yr

Question 18

s17

Answer 18

Enter and search a vehicle in a public place for evidential metrical relating to certain offences

RGTB evidential material is in the vehicle

Question 19

s18

Answer 19

RGTS offence against arms act

Search any person
Search anything in persons possession or under their control
Enter a place or vehicle to search
Seize or detain any licence

Question 20

What are the warrantless powers in relation to MODA?

Answer 20

s20 search of places in relation to MODA

s21 search of people found in or on places

s22 search for controlled drugs and precursor substances is offence is suspected against MODA

Question 21

s20?

Answer 21

May enter and search a vehicle or place if

RGTS offence committed against MODA
RGTB that if entry is not effected immediately CADD will result

Question 22

s21?

Answer 22

A constable consisting a search of a place or vehicle under s20 may search in person found in or on place or vehicle

Question 23

s22

Answer 23

Search a person if

RGTS offence committed against MODA
RGTB Pierson is in possession of controlled drug or precursor substance

Question 24

s27

Answer 24

Searching people in public places of offence against 202A committed

RGTS person is committing the offence

Question 25

s28

Answer 25

Stopping and searching vehicles

RGTS a person has committed offence against 202A and is in the vehicle or alighted from it or if the vehicle contains an offensive weapon

Question 26

s83

Answer 26

Powers to enter and search a place for evidential material relating to an offence of which you have just arrested someone for

RGTB evidential material is at the place and CADD

Question 27

s84

Answer 27

Entry and search of vehicle after arrest for evidential material

RGTB evidential material related to the offence is in there and CADD may occur

Question 28

s112

Answer 28

Ability to seize items of uncertain status if already exercising a search power

Question 29

s117

Answer 29

Powers when a search warrant is pending

Enter place or vehicle
Secure place or vehicle
Secure items found at place or vehicle
Direct persons to assist

Expires after 6 hours

Question 30

s121

Answer 30

Stopping powers to search a vehicle

Question 31

s123

Answer 31

Seizure of items in plain view if lawfully in place or vehicle or exercising a search power

Question 32

What are the sections for surveillance warrants?

Answer 32

s45 restrictions on trespass surveillance and use of interception device

s46 activities for which a surveillance device warrant is required

s47 activities that do not require a warrant

s48 don’t need warrants for use of surveillance device

Question 33

s45

Answer 33

Understand trespass surveillance
Use an interception device
To obtain evidential material

Question 34

s46

Answer 34

Need a surveillance device warrant for:

Intercepting private communication
Using a tracking device
Observing private activity on private premises
Using a surveillance device when trespassing
Observing private activity on curtilage for more then 3 hours at a time or 8 hours total

Question 35

s47

Answer 35

Do not need a surveillance warrant If you are lawfully in an area and record what you observe

Question 36

S48

Answer 36

If it is an emergency don’t need a surveillance device warrant